Manatee Protection Plan (MPP) Addendum 2022-23
Manatee Protection Plan 2022 Addendum
Note: All additions are shown underlined and all deletions are shown stricken through. This addendum amends the Volusia County Manatee Protection Plan (MPP) Phase II. Where policy number references in B.4 Boat Facility Siting Specific Requirements have changed, the Volusia County Comprehensive Plan chapters 11 (Coastal Management) and 12 (Conservation Element) have adopted this plan in its entirety.
Manatee Conservation Fund — Amendments
In addition to mitigation fees, other sources of revenue such as fines, penalties, donations, grants, or other contributions may be accepted for use in the Manatee Conservation Fund. The first $500,000 collected by the fund may be used in its entirety for enforcement, manatee conservation, and/or educational purposes. Thereafter, the County of Volusia will only utilize/disburse the interest accrued on the fund account. The County will distribute up to $50,000 per year for enforcement, manatee conservation, and/or educational purposes, subject to sufficient fund balance.
All boat facilities (with the exception of docks for single family residences) will pay a one-time mitigation fee of $1,000 per wet slip, ramp parking space, or dry storage space. Effective October 1, 2022, the fee will be $1,433, and will increase annually on October 1 by the Volusia County Consumer Price Index (CPI). Single family boat docks (see definition) will pay a one-time mitigation fee of $250. Effective October 1, 2022, the fee will be $358, and will increase annually on October 1 by the Volusia County Consumer Price Index (CPI).
If there were less than two slips prior to October 19, 2005, a mitigation fee will be charged upon construction of each new slip. Slip reconstructions at residences with two slips built prior to October 19, 2005, are exempt from payment. The Volusia County Council reserves the right to raise any future mitigation fee amounts as it sees fit. Various factors including watercraft-related manatee mortality may necessitate changes in mitigation fees. However, for the first five years of the plan, the mitigation fees and planning zone descriptions shall remain fixed.
| Facility Type | Original Fee (pre-Oct 2022) | Fee Effective Oct 1, 2022 | Annual Adjustment |
|---|---|---|---|
| All boat facilities (per wet slip, ramp parking space, or dry storage space) | $1,000 | $1,433 | Volusia County CPI, each October 1 |
| Single-family boat docks (per slip) | $250 | $358 | Volusia County CPI, each October 1 |
All new or expanding boat facilities installed after October 19, 2005 must submit the appropriate mitigation fee and documentation of compliance with the provisions of B.4 Boat Facility Siting Specific Requirements to the County of Volusia. Slips in place prior to October 19, 2005 are not subject to mitigation payment.
Upon successful remittance of the fee, the County of Volusia will issue a letter of compliance to the applicant, who may then submit this letter to any state or federal permitting agency as proof of compliance with this portion of the Manatee Protection Plan for Volusia County. A letter of compliance from the County of Volusia does not obligate permitting agencies to issue a permit.
Implementation — Amendment
Attachment R outlines the project application process for applicants interested in developing boat facilities within Volusia County. Applicants must receive a letter of compliance with the MPP from VCEM in order to move forward with permitting a project. Copies of permit applications and all associated documentation (including the mitigation fee as required under section B.4.A) must be provided to Volusia County Environmental Management's Manatee Protection Program for review and approval.
If an applicant is interested in increasing the number of powerboat slips over which is allowed by the plan, and the project is located in a city that has opted for the "slip aggregation" option, a letter of concurrence with use of the powerboat slip pool must be obtained. This letter should be provided to the County, FWC, and USFWS. Once a letter of compliance from VCEM is provided to the applicant, the applicant must provide this letter to the relevant state and federal wildlife agencies for their review.
Upon completion of a build/project, a final inspection shall be conducted. Failure to pass inspection will nullify current Letters of Exemption or Compliance and will result in enforcement action including applicable fines.
New and Revised Definitions
The following definitions have been added or revised. Additions are shown underlined and deletions struck through.
A public or private structure or operation where boats are moored and/or launched, including commercial, recreational, industrial and residential marinas, dry storage, boat ramps and private docks. For the purposes of this plan, boat facility shall be synonymous with "marine facility"; however, single family docks with two (2) or fewer wet and/or dry slips are not considered boat facilities. (No change to text — confirmed in addendum.)
The deck surrounding a boat house.
A structural, natural or man-made feature that facilitates the launching and landing of boats into a waterbody. For the purposes of this plan, a trailer parking space is considered equivalent to a "slip." A boat ramp may also be referred to as a boat facility. (No change to text — confirmed in addendum.)
A space designed for the storage of a single watercraft in an upland location (examples include but are not limited to, storage buildings, lifts, trailer parking spots).
A marine facility that is proposed to be built, restored, revitalized, renovated, or otherwise increased in size or scope. (Confirmed in addendum.)
A dock, ramp, or other launch area used for launching non-motorized vessels.
Seagrass coverage shall be determined on a project site during the months of May through October. The percent coverage of seagrass is determined by counting short shoots in a one square meter (1m²) plot frame that has been evenly subdivided into one hundred square cells. The plot is placed every five meters (5m) along a minimum of three (3) transect lines perpendicular to the shoreline, extending to the end of the project site, and including ingress and egress pathways. Transects shall be no greater than fifty meters (50m) apart. If the project site is greater than one hundred meters (100m) in width, additional transects shall be added at a rate of one for every fifty meters (50m) of shoreline. If ten of the sample plot frames contain ten percent (10%) or more seagrass, then the final coverage for the site is greater than or equal to ten percent (10%). (Confirmed in addendum with no substantive change.)
A structure in, on, or over submerged lands, which is used by the public primarily for fishing or swimming. A pier shall not include the mooring of boats and must have handrails.
A structure in, on, or over submerged lands, which is used for fishing or observation. A pier shall not include the mooring of boats. In order to prevent the mooring of boats, a handrail must be installed and no boat cleats may be in place.
A fixed or floating structure, including moorings, used for mooring, docking, anchorage, and launching watercraft. Single-family boat docks located at private residences may shall have two or fewer wet and/or dry slips no more than two slips. A single-family residence may include a fishing/observation pier. For the purpose of this plan, each powerboat or personal watercraft (PWC) lift shall count as one slip at a single family residence.
A space designed for the mooring of a single watercraft in water (examples include but are not limited to, lifts, anchorage, beached or blocked, hoist, floating platforms, and davits). Such spaces may extend from a dock or shoreline but shall not be allowed to project from a pier. Slips will be calculated in 30 ft. increments (X ft. / 30 = Total Slips). All areas of a dock not intended for mooring are required to have handrails or structures preventing mooring (e.g. kayak rack, fish cleaning sink, bench seating, etc.) and may not have cleats. The boathouse deck area shall not require handrails if the width is less than two feet.
The index used to calculate annual adjustments to mitigation fees under the Manatee Conservation Fund, applied each October 1 beginning October 1, 2022.
Additional Document Updates
The following sections of the MPP have been updated as part of this addendum:
- Volusia County Consumer Price Index (CPI) — New definition and methodology added for annual fee adjustment calculations.
- Map Updates — Attachments D–I & K (pg. 65–115) — Planning zone maps updated to reflect current conditions.
- Marina Survey & Study Chart — Added to Attachment N (pg. 116).
- Flow Chart — Attachment R — Chart on pg. 123 replaced with updated version.
- Manatee Checklist — Added to the document in Section R (pg. 123A).
